Erb's Palsy Attorneys Parents of children suffering from Erb's Palsy often worry about whether medical negligence was responsible for their child's condition. The injury may result due to excessive pulling on the brachial plexus, a swathe of shoulder nerves. An experienced lawyer can assist victims in obtaining financial compensation. A settlement could cover future medical treatments, therapy, and surgery. Compensation It can be expensive to raise and care for a child with Erb's palsy. An attorney can help families get the money they need to cover these expenses. This can include money to cover medical costs, physical and occupational therapy and adaptive devices, emotional support and many other costs. A successful lawsuit could also hold negligent medical professionals accountable. This can prevent them from making the same mistakes in the future. Legal action can provide families with the sense of justice and closure for their child's whole life has been altered by an injury at birth. If a baby sustains an injury to the brachial plexus nerves in birth, it can result in Erb's palsy. These injuries are usually caused by excessive pulling or stretching of the baby's neck and shoulders during the birth. This can be caused by improper use of tools such as vacuum extractors or forceps during labor. It can also occur when doctors press on the baby's shoulders in order to solve any issues. When a doctor does not properly prepare and manage complications during birth, it could result in an Erb's Palsy lawsuit. An attorney can assist in making the process as stress free as is possible for the family. They can collect hospital records and witness statements to create a strong argument on behalf of the family. They can also negotiate an acceptable settlement with the other party. Statute of Limitations The law obliges families to make a claim within a certain time frame after the injury of their child. The time limit for filing a lawsuit may vary by state. Kansas is an example. It requires a family to file a claim within two years of the birth of their child injured. Certain states have longer deadlines, and it is important to speak with an experienced Erb's palsy attorney as soon as you can in order to ensure your family can file a claim within the appropriate window. Your legal team will file a complaint against the people responsible for your child's Erb's palsy. Your obstetrician and other medical professionals could be named as defendants, together with the hospital in which the injury occurred. During the discovery process, your attorneys will gather evidence to prove that there was medical malpractice and that the injuries could have been avoidable. They will review the child's medical records and gather expert testimony to support your claim. Your Erb's Palsy lawyer will negotiate a settlement based on your particular situation or take the case to court. A settlement usually allows for compensation to be received faster than a court trial. However, it's not guaranteed that your family will get a fair settlement. Your attorney will work diligently to obtain the highest compensation award possible. Filing an action The procedure for filing a lawsuit differs from state to state, but generally starts with an attorney reviewing the case's details and specifics in a free legal case assessment. They will then inform the client if they have an issue. If a claim is viable the lawyer will send the doctor an email requesting financial compensation. The amount sought will be based on the severity of the injuries and the cost to treat. Most Erb's palsy attorneys will suggest settling out of court to expedite the process and avoid lengthy trials. If the lawsuit is successful, it will be able to award families financial compensation to pay for the treatment of their child. By demanding that healthcare professionals be held accountable for their negligence they can also keep future children from suffering the exact same fate. A lawsuit will consist of two lawyers arguing on behalf of their clients. They will attempt to convince a judge or jury that their client's healthcare professional acted reasonably and appropriately and appropriately, while the lawyers of the defendant will argue that they did not. If a settlement is not reached, the case will be put to trial. The length of the trial depends on the amount of evidence provided and the complexity. Most cases are settled out of court. A trial could take a long time and result in no compensation for the plaintiff in the event that the judge or jury do not agree with their arguments. Mediation Parents of a child born with Erb's Palsy will be required to pay for medical treatment throughout their life. These costs can quickly add up and put financial pressure on the family. Parents can seek fair compensation by working with Brooklyn Erb's Palsy lawyers. The root cause of Erb's syndrome is damage to the brachial plexus nerves, which run through the spinal cord into the neck before reaching the arm. These nerves can become injured in a variety of ways, such as when you pull too hard on your baby's head and shoulders during the birth. Erb's palsy may also result from the use of forceps during birth. During a delivery, a doctor might pull too hard or stretch the shoulder to dislodge it from the birth canal and cause damage to the brachial plexus. Shoulder dystocia occurs when baby's shoulders get caught behind the cervical cervix of the mother. In such instances the doctor might attempt to free the infant's shoulder by pulling more forcefully on the shoulders and head or by using forceps. This can cause Erb's Palsy by stretching the brachial nerves. A doctor can recognize the risk factors that can cause shoulder dystocia and take preventative steps. If a doctor fails to do this may be held accountable for the claims of Erb's palsy. To establish malpractice in a lawsuit, plaintiffs must establish that the defendant's deviance from the accepted practice directly caused the injury. Defendants often argue that there were no underlying causes of the child's shoulder dystocia, including problems with the baby's posture or intrauterine malformations.